ASHOK KUMAR DASH Vs. CHINTAMANI MOHANTY AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against reversing judgment.

(2.) The plaintiff instituted the suit for realization of Rs.32,888.27 paise from the defendants. The case of the plaintiff was that he was an 'A' class Government contractor. The defendant no.1 invited quotation vide memo dated 4.2.88 for construction of I.T.I. (D.R.D.A.) Hostel building at Barbil. He submitted his quotation on 19.2.88. The same was duly approved by the defendant no.2 on 23.2.88. Work order was issued to him on 27/29.2.88 for supply of materials. On 8.3.1988, the defendant no.1 had issued the letter of approval to him. Thereafter an agreement was entered into between him and defendant no.1 on 20.3.88.

(3.) Defendant no.1 filed written statement pleading inter alia that the final bill amount had been paid to the plaintiff on 23.5.90. The security deposit had also been released and no further payment was permissible to the plaintiff under the terms of contract. There was no entry in the stock book of his office with regard to extra materials said to have been used by the plaintiff in the construction work. No money was payable to the plaintiff.